[ ADMINISTRATIVE ORDER NO. 67, May 11, 1999 ]

REORGANIZING THE COORDINATING COUNCIL OF THE PHILIPPINE ASSISTANCE PROGRAM AND CONVERTING IT INTO THE COORDINATING COUNCIL FOR PRIVATE SECTOR PARTICIPATION



WHEREAS, the Coordinating Council of the Philippine Assistance Program (CCPAP) was created under Administrative Order No. 105, s. of 1989 to take the lead role in coordinating efforts to effectively mobilize international aid and to ensure its successful implementation;

WHEREAS, CCPAP has played an active role in the promotion and facilitation of private sector participation in infrastructure development, with the CCPAP Chairman designated as the BOT Action Officer by virtue of Memorandum Order No. 166, s. of 1993;

WHEREAS, CCPAP is the central body responsible for the coordination and monitoring of projects implemented under Republic Act No. 7718 or the Amended BOT Law;

WHEREAS, pursuant to R.A. No. 7718 or the Amended BOT Law, projects which would have difficulty in sourcing funds may be financed partly from direct government appropriations and/or from Official Development Assistance (ODA) not exceeding fifty percent (50%) of the project cost;

WHEREAS, the ODA Act of 1996 (Republic Act No. 8182, as amended) underscores the oversight and coordination functions of the National Economic and Development Authority (NEDA) in the programming, implementation, and evaluation of all projects financed by ODA;

WHEREAS, NEDA is the central planning agency for social and economic development, and in the exercise of said function, formulates and recommends to the President and the NEDA Board investment and infrastructure development policies and programs consistent with national development objectives and priorities;

WHEREAS, there is a need to achieve increased efficiency and effectiveness in ODA-related activities, and to rationalize the institutional framework to support private sector participation in infrastructures and other development activities as a cornerstone strategy of the national development plan.

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, pursuant to the powers vested in me by law, do hereby order:

SECTION 1. Reorganization of the Coordinating Council of the Philippine Assistance Program - The Coordinating Council of the Philippine Assistance Program shall be converted into the Coordinating Council for Private Sector Participation, hereinafter referred to as the Council, and shall be composed of the following:

* The Secretary of Socio-Economic Planning
* The Secretary of Finance
* The Secretary of Foreign Affairs
* The Secretary of Justice
* The Secretary of Agriculture
* The Secretary of Public Works and Highways
* The Secretary of Trade and Industry
* The Secretary of Energy
* The Secretary of Interior and Local Government
* The Executive Secretary
* The Secretary of Transportation and Communications
* The Secretary of Budget and Management
* The Governor of the Bangko Sentral ng Pilipinas
* The Representative of the Senate to be designated by the Senate President
* The Representative of the House of Representatives to be designated by the Speaker of the House
* Four representatives from the private sector to be appointed by the President

The Council may invite any individual or call on any departments, bureaus, offices and instrumentalities of the government for appropriate assistance.

SECTION 2. The Chairman and the Secretary - The Secretary of Socio-Economic Planning shall serve ex officio as the Chairman of the Council. The Secretary of the Council shall be the Executive Director, with the rank of Undersecretary, of the Technical Secretariat to the Council, who shall be appointed by the President of the Philippines.

SECTION 3. Powers and Functions of the Council - The Council shall:

a)
Coordinate and monitor the program of the government on private sector participation, hereinafter referred to as PSP, in its infrastructure and other development activities;
b)
Formulate and recommend policies and guidelines that will ensure transparent and expeditious implementation of PSP programs and projects of the government;
c)
Prepare and submit to the President and to Congress reports on the implementation of the PSP programs and projects of the government;
d) Coordinate project facilitation tasks for PSP projects; and
e) Perform such other duties and functions that the President may, by order assign.

SECTION 4. Technical Secretariat - The existing Technical Office of the CCPAP, presently headed by an Executive Director and consisting of the ODA Unit, the BOT Center and other support units, shall become the Technical Secretariat of the Council and shall continue to provide technical and administrative support to the Council. However, the Technical Secretariat, which shall remain attached as an autonomous unit to the Office of the President, is hereby restructed to perform the following functions:

a)
Undertake activities related to the development of PSP programs and projects, including projects with ODA financing pursued under the Amended BOT Law, as follows:
   
  *
Formulate policies and implementation guidelines, in consultation with appropriate government oversight committees, implementing agencies, Local Government Units and private sector groups on various aspects of PSP project development;
  *
Assist in PSP project development by providing technical assistance to national implementing agencies, including government owned and controlled corporations, and Local Government Units in the identification, preparation or evaluation of PSP projects;
  *
Manage and administer a project development facility that will help prepare PSP projects to tendering stage;
  *
Provide training and institution building support to national implementing agencies and Local Government Units on PSP project development;
  *
Promote and market the PSP program, including the formulation and implementation of a promotion and marketing plan, providing service as a œone-stop information center  for investors/developers as well as government agencies; and
  * Monitor and coordinate the PSP programs and projects of the government.
     
b) Conduct project facilitation and problem-solving activities for PSP projects;
c) Serve as the research, technical and logistical support arm of the Council; and
d) Perform such other functions as may be assigned to it by the Council and/or the President.

SECTION 5. Funding. The Department of Budget and Management shall provide and release the funds needed for the financial and operational requirements of the Council and its Technical Secretariat. Funds shall continue to be chargeable against the Office of the President and those previously appropriated to the CCPAP and its Technical Office, subject to government accounting and auditing procedures.

SECTION 6. Repealing Clause - Administrative Order No. 105, s. of 1989 and Administrative Order No. 259, s. of 1992 are hereby amended or revoked accordingly.

All executive orders, administrative orders, other presidential issuances, and implementing rules and regulations not inconsistent with this Administrative Order shall continue to be in full force and effect.

The Council and the Technical Secretariat shall continue to exercise all other powers, duties and functions outside the ambit of this Order which were previously assigned to CCPAP and the Technical Office by law and which have not been transferred or revoked.

SECTION 7. Effectivity - This Administrative Order shall take effect immediately.

DONE in the City of Manila, this 11th day of MAY, in the year of Our Lord, nineteen hundred and ninety-nine.

(Sgd.) JOSEPH EJERCITO ESTRADA
President of the Philippines

By the President:
(Sgd.) RONALDO B. ZAMORA
Executive Secretary